Dickson v. Lanarkshire Upper Ward District Committee [1916] ScotLR 710 (18 July 1916)

Dickson v. Lanarkshire Upper Ward District Committee [1916] ScotLR 710 (18 July 1916)

The local authority acted within its statutory powers by charging the pursuer both a meter rate for water supplied for non-domestic purposes and a sum equivalent to the owner's assessment, as section 126(2) of the Public Health (Scotland) Act 1897 allows the authority to charge either the assessment or for the...

Source-derived case information.

Citation
[1916] ScotLR 710
Parties
Pursuer: John Baird Dickson; Defenders: Lanarkshire Upper Ward District Committee
Jurisdiction
Scotland
Judgment Date
18 July 1916
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary affirmed
Legal Topics
Public Health (scotland) Act 1897, Water Supply for Non Domestic Purposes, Statutory Interpretation, Ultra Vires Acts, Assessment and Meter Charges
Local Administration Rates and Assessments Water Law Public Health (scotland) Act 1897 Water Supply for Non Domestic Purposes Statutory Interpretation Ultra Vires Acts Assessment and Meter Charges

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Summary, issues, holding and outcome

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Parties

John Baird Dickson

Pursuer

Lanarkshire Upper Ward District Committee

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the local authority can charge both a meter rate and an owner's assessment for water supplied for non-domestic purposes when owner and occupier are the same person
  2. 2 Interpretation of section 126(2) of the Public Health (Scotland) Act 1897

Ratio Decidendi

The local authority acted within its statutory powers by charging the pursuer both a meter rate for water supplied for non-domestic purposes and a sum equivalent to the owner's assessment, as section 126(2) of the Public Health (Scotland) Act 1897 allows the authority to charge either the assessment or for the supply, and where owner and occupier are the same, both charges are permissible to avoid preferential treatment.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary affirmed

Orders

  • Court adhered to Lord Ordinary's decision
  • Pursuer's declaratory conclusions dismissed as unnecessary and irrelevant